TERMS OF SERVICE

 

Unified Communications Technologies Use Agreement

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Unified Communications Technologies' internet service  (the "Service") is an online information and communications service provided by Unified Communications Technologies, LLC ("UCT"), subject to your compliance with the terms and conditions set forth below including, any and all referenced documents.

Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. UCT may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.

1. Operating Policies. You agree to comply with the Acceptable Use Policy set forth on at https://www.uct-usa.net/legal (as they may be amended by UCT from time to time), which are the rules that govern your activity in connection with the Service. UCT has the right but not the obligation to remove any communications and materials that UCT believes in its sole discretion violates the Acceptable Use Policy.

2. Use of the Service. You understand that, except for information, products or services clearly identified as being supplied by UCT, UCT does not operate, control or endorse any information, products or services on the Internet in any way. Except for UCT-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with UCT. You also understand that UCT cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service and the Internet. UCT does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and UCT shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. UCT does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis.
   
   You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. UCT has no control over and accepts no responsibility whatsoever for such materials.  
   
   In no event will UCT be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if UCT or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service.
   
   You understand further that upon installation and subsequent termination of service FLSHI has the right, but not the obligation to retrieve equipment related to the services delivered, including but not limited to radios, antennas, routers, switches, ATAs, cabling or wires, towers, poles and mounts. UCT at its sole discretion shall be permitted to leave or abandon any such equipment in which case the ownership of said equipment shall become the property of customer. In no event will UCT be liable for any incidental, consequential, or indirect damages arising out of the abandonment of any such equipment.
    

3. Availability of Service/Variation of Speed/Outages. You acknowledge that UCT Service, including any internet phone service (VOIP), may not be available in all areas, and even within coverage areas service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Service. In order to provide the best possible service to its customers, UCT must perform maintenance on its network. In some cases this may require UCT to conduct either a planned or unplanned interruption of the Service. UCT will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your Service will not be interrupted, and cannot always give advance notice of such outages. You acknowledge and agree that UCT shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions or outages. Except as may be otherwise provided in this Agreement, no refunds or credits will be made for any Service outages. Credits for service outages will only be provided in accordance with a written service level agreement executed by UCT.
    

4. Network Management. You acknowledge that speed and bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that UCT reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption. For further information, please refer to UCT’s Acceptable Use Policy, which may be amended from time to time.
    

5. Acceptable Use Policy. The Acceptable Use Policy is incorporated into this Agreement as though it is a part of the Agreement. UCT reserves the right to immediately restrict, limit, suspend or terminate your Service for any violation of the Acceptable Use Policy, in which case you will forfeit any rights of use and will not be entitled to a refund.
    

6. Indemnification. You agree to indemnify, defend and hold harmless UCT, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. 
    

7. Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 6 (Indemnification) are for the benefit of UCT and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 
    

8. Privacy. It is UCT policy not to sell or disclose customer information to ANY third party. In the event UCT receives a subpoena related to activity of a user of this service, UCT will cooperate fully with any and all Federal, State, or Local Authorities.
    

9. Term; Termination. If you have a written term agreement with UCT then your contractual term shall renew for like period if not terminated with at least 30 days notice prior to the expiration of the contractual term; if you are a customer without a written contract then service may be terminated by either party without notice at any time for any reason with 30 days notice; if you are Hotspot user your term of purchase shall apply; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs, 2 (Use of the Service), 6 (Indemnification), 7 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement. 
    

10. Backup Circuits. For those customers with a Backup Circuit, your pricing may include a discount for the circuit provided the circuit is used for Backup or redundancy only. You have represented to UCT that you have a primary circuit for your use. Backup usage is considered <5% normal utilization as measured by the circuit's bandwidth. For example, during the billing month should you have a 20Mbs circuit then 5% utilization shall mean greater than 1.0 Mbps average usage for any 36 hour period; for a 50Mbs circuit then 5% utilization shall mean greater than 2.5Mbps average usage for any 36 hour period. For any month the usage exceeds backup usage classification (exceeds 5% utilization) any applicable discount provided will no longer apply for that month and you will be charged the non-discounted rate shown on your invoice or original estimate, or if a non-discounted amount is not reflected on your invoice or original estimate then you will be charge 1.75 times the discounted billing rate. 

11.  Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed in Georgia. You agree that any legal action or proceeding between UCT and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a state court of competent jurisdiction sitting in Lowndes County, Georgia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. You understand that this provision shall operate to limit the time period to bring suit regardless of any applicable statute of limitation imposed under Georgia law. UCT's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. UCT may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

 

ACCEPTABLE USE POLICY

Effective June 1, 2022

 

THIS ACCEPTABLE USE POLICY IS EXPRESSY MADE A PART OF ANY AGREEMENT WITH UNIFIED COMMUNICATIONS TECHNOLOGIES, LLC ("UCT") FOR USE OF ITS SERVICES TO COMMERCIAL AND RESIDENTIAL CUSTOMERS. PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY YOU WILL BE EXPECTED TO FOLLOW IT. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM TIME TO TIME BY UCT AS SET FORTH BELOW.

 

UNIFIED COMMUNICATIONS TECHNOLOGIES, LLC (hereinafter "UCT") has created this Acceptable Use Policy ("AUP") governing UCT's service (the "Service") to ensure the integrity of its wireless broadband network and enhance the use of the Services for all of UCT's customers by designating standards for acceptable and unacceptable use. This AUP is part of the agreement between UCT and you and shall be deemed as part of and incorporated into UCT's Terms of Service (the "Terms of Service") found at https://www.uct-usa.net/legal.   BY USING THE SERVICE YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AUP.

 

Nature of the Service.

     The Service provided to you is intended for reasonable, periodic, non-continuous use by a person using a computing device, consistent with the type of use made by a typical individual consumer of our Internet services. Examples of allowed uses of our Service include web surfing, sending and receiving email, sending and receiving photographs, occasional on-line gaming, and the occasional non-continuous streaming of videos and downloading of files. Examples of uses that are not permitted include the continuous unattended streaming, downloading or uploading of videos or other files, maintaining an unattended or continuous uninterrupted connection to the Internet such as through a web camera or machine to machine connections that do not involve active participation by a person, or operating an Internet hosting service such as web hosting or gaming hosting. You may not use the Service in a manner that impairs the user experience of other users, or that otherwise impairs network performance. Both fixed wire-line Internet service and wireless Internet service have limited bandwidth capacity. Like fixed wire-line service, UCT’s Service can suffer from congestion and reduced performance when usage by some individuals exceeds the usage of typical individual consumers, thus having a negative impact on the entire network. This AUP is intended to ensure that the activities of a few users do not unfairly impair the activities of all users of the Service.

Prohibited or Actionable Activities.

To preserve the ability of all of its customers to use UCT's network and the Internet without interference or harassment from other users, and as a condition of the Service, UCT prohibits you from engaging in the following activities:

 

Unlawful or Improper Use of the Service.
You may not use the Service in a manner that is unlawful, harmful to or interferes with use of UCT's network or systems, or the network of any other provider, damages, disables, or impairs any UCT property, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes spam or e-mail abuse, a security risk or a violation of privacy.

Objectionable Material.
You may not use the Service to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, federal, or international law, order, rule, or regulation.

Junk E-mail.
You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this AUP. UCT considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.

Fraudulent Activity.
You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "Ponzi schemes", or "chain letters." You may not use techniques to hide or obscure the source of any e-mail or other communication.

Impersonation.
You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.

Software Viruses.
You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our customers UCT does monitor Internet ports that are considered to be security risks as determined by UCT in its sole discretion.

Collecting Information.
You may not use the Service to store or collect, or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent. 

Excessive Utilization of Network Resources.
Wireless networks have capacity limits and all customers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of a wireless network's resources. UCT, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the UCT network or network usage by others. This process of monitoring both overall network performance and individual resource consumption is consistent with the description of the nature of the Service previously described in this AUP. UCT reserves the right to engage in reasonable network management to protect the overall network, including analyzing traffic patterns and preventing the distribution of viruses or other malicious code.  During periods of congestion, UCT may uses various techniques such as reducing the data rate of individual bandwidth intensive users whose use is negatively impacting other users. This temporarily limits the amount of bandwidth available to the bandwidth intensive users until the congestion has diminished, at which point UCT will endeavor to lift any limits it may have imposed on bandwidth intensive users during the period of congestion. UCT may also consider historical usage patterns when temporarily reducing the data rate of bandwidth intensive users during periods of congestion. When feasible, upon observation of an excessive use pattern, UCT will attempt to contact you by email or telephone to alert you to your excessive use of bandwidth and to help you determine the cause. It excessive use is ongoing or recurring and repeatedly having negative effects on other subscribers of the Service, UCT reserves the right to immediately restrict, suspend or terminate your Service without further notice in order to protect the network and minimize congestion caused by the excessive use. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use is determined by resource consumption relative to that of a typical individual user of the Service and not by the use of any particular application.  While UCT has unlimited usage, the term "unlimited" means that we will not place a limit on how much data you upload or download during a month or other particular period, however, it does not mean that we will not take steps to reduce your data rate during periods of congestion or take other actions described in this AUP when your usage is negatively impacting other subscribers to our Service. UCT may perform reasonable network management such as reducing the data rate of bandwidth intensive users during periods of congestion, will apply to your use of the Service.

Use of Your Account by Others.
You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without UCT's prior written consent. You may not permit your network (home or business), through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.

Security Precautions.
You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

AUP Enforcement and Notice.
Customer's failure to observe the guidelines associated with this AUP may result in UCT taking actions that may range from a warning to a suspension or termination of Service. When feasible, upon observation of a violation of this AUP, UCT may attempt to contact you by e-mail or otherwise to notify you of the violation. UCT reserves the right, however, to act immediately and without notice to restrict, suspend or terminate Service, if it reasonably determines that your conduct may: (1) expose UCT to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of UCT's network or networks with which UCT is interconnected; (3) interfere with another UCT customer's use of the Service; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to UCT or its customers.  In the event of termination and you correct any situation which caused the condition that lead to termination, a new installation fee may apply to reconnect to the Service. Except as expressly provided herein, the rights and remedies of UCT are cumulative and not exclusive of any rights or remedies that UCT may otherwise have at law or in equity. Waiver of any violation of this AUP by UCT shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by UCT in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The only method of wavier for a violation of FLHSS’s AUP is a written agreement between Customer and UCT concerning the use and may require such things as an upgraded tiered plan for dedicated bandwidth use.  You should read this AUP in conjunction with all of our terms and conditions found at https://www.uct-usa.net/legal. UCT has the right but not the obligation to monitor or restrict any uses of the Service that UCT reasonably believes in its sole discretion violates this AUP, any part of the Terms of Service, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for abuse of your account by others.

Reporting Violations.
UCT requests that any person who becomes aware of a violation of this AUP report the information to UCT at support@uct-usa.com. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. UCT may take any appropriate action as it reasonably deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber's newsgroup posting privileges; suspend the subscriber's account; terminate the subscriber's account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.

Notices and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), UCT’s designated agent for notifications of claimed copyright infringement is Unified Communications Technologies, LLC c/o Christopher J. Coleman, Esquire, 1311 Bedford Drive, Melbourne, Florida 32940, Attn: Copyright Infringements. Note that inquiries that comply with applicable federal law only will receive a response.

Revisions; Reservation of Rights.
UCT reserves all rights including the right to revise, amend, or modify this AUP or any other Policy at any time, by sending you an email notification to the email address associated with your account, including without limitation email notification with any ordinary billing.  If your billing is less frequently than monthly, you expressly agree you shall visit the terms and conditions portion UCT’s website found at www.uct-usa.net.  Such amendments or modifications will become effective on the date we send them to you by email, or post them on our website, whichever is earlier; afterwards, your continued use of the Service will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing email notice to UCT at accounting@uct-usa.com within twenty (20) days of the effective date of the modification.